Scott v. State

151 So. 3d 567, 2014 Fla. App. LEXIS 20729, 2014 WL 7243142
District Court of Appeal of Florida·Decided December 22, 2014·No. No. 1D13-4492·Published·Cited by 5 cases

Opinion

WOLF, J.

Appellant .challenges his conviction for second-degree murder. He argues the trial court erred in denying his motions to suppress two separate statements made to the police. We determine both the April 27, 2012, and April 29, 2012, statements were obtained in violation of appellant’s right to remain silent. We also determine the State failed to establish that erroneous admission of these statements was harmless. We, therefore, reverse and remand for a new trial.

I. Factual and Procedural Background

Motion to Suppress Statements on April 27, 2012

Prior to trial, appellant filed a motion to suppress statements he made to officers on April 27, 2012. He argued the statements were given as a result of continued and persistent questioning and threats after he invoked his right to remain silent and his right to counsel.

A transcript of the interview appears in the record. The interview was conducted in Adele, Georgia, where appellant lived, regarding a shooting that took place during a drug deal in Jacksonville, Florida. Detectives Mirandized appellant and then confronted him with evidence of his guilt, including that the co-defendant Dexter Bridges had identified appellant as the shooter. Appellant initially denied being in Jacksonville and denied involvement in the drug deal or shooting. Then the following exchange took place:1

Det.: You wasn’t there?
Appellant: No and I am through with this interview because I am not—
Det.: You don’t want to talk to me?
Appellant: No, I am through with the interview because I am not fixing to sit here and—
Det.: Do you want to talk to me?
Appellant: I am not fixing to sit here and let you manipulate me to say something—
Det.: The truth, I can’t manipulate the truth man. Either I’ve got evidence or I don’t. Christina, Christina is lying to me?
Appellant: Man, I am not fixing to sit here and—
Det.: Do you want Christina to come back here and tell you—
Appellant: I am not fixing to sit here and let you, let you fellows make me say that I did something that I ain’t do?
Det.: Were you in Jacksonville on April 7th?
Appellant: I am through with this interview.
Det.: What are you saying? Do you not want to talk with us anymore? Because I will tell you what happens when you don’t want to talk with us anymore. You sit here. I go get, I call Jacksonville, get a warrant and I serve you with a murder warrant. Are you saying you don’t want to talk to me now anymore?
Appellant: I am saying, I ain’t saying I am not, I don’t want to talk to you. What are we talking about?
Det.: Alright. I am about to charge you with murder. You won’t leave here without being charged with murder.
Appellant: Why?
Det.: Because I have all of this against you.
Appellant: Right.
[570] Det.: I have evidence against you.
Appellant: You have evidence against me? How you got evidence against me?
[[Image here]]
Det.: I got two witnesses saying you drove to Jacksonville. Three, two witnesses saying you drove to Jacksonville.
Appellant: I drove to Jacksonville on April 7th.
Det.: If you want to talk to me knock on the door. I am going to go type up your warrant. You are under arrest. You have already been read your rights for murder and we will probably get a grand jury indictment for first degree murder once you are back in Jacksonville.
Appellant: I am saying. But how you going to—
Det.: Knock on the door if you want to talk to me.
Appellant: I am trying to talk to you now.
Det.: Knock on the door when you want to tell me the truth.
Appellant: I am trying to talk to you now. I am trying to talk to you now.
Det.: Have a seat. Are we going to play this I wasn’t in Jacksonville game, because I am not going to play that. If you say I am not in Jacksonville I am walking out. I am done with it. I will tell you I don’t want to talk to you no more.
Other Det.: If you want that, just let us know and we will just walk right back out and there ain’t no coming back.
Appellant: Inaudible.
Det.: He said you shot the dude over all this weed. Seven pounds man. You are about to take a ride and act like you are going to bone up with me like I don’t know my job.
Appellant: I am saying I ain’t trying, I ain’t trying to bow up to you or nothing. I ain’t trying. I am just telling you.
Det.: You want to tell me you wasn’t in Jacksonville? Because I am ready to walk. I got a lot of shit to do on you man.
Appellant: You got a lot of shit to do on me?
[[Image here]]
Det.: Typing up your warrant, that’s a lot of time.
Appellant: For what?
Det.: For murder.
Other Det.: We explained that to you.
Det.: I got to go get a judge in Jacksonville to sign a warrant, fax it up here. Arrest you up here or put a detainer on you and get you extradited down in Jacksonville. So what are we going to do ? Are we going to talk about the truth, of [sic] are you going to give me some sort of bullshit about I wasn’t even there.

(Emphasis added).

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Scott v. State, 151 So. 3d 567, 2014 Fla. App. LEXIS 20729, 2014 WL 7243142 (Fla. Ct. App. 2014).

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